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2021 Supreme(Online)(KER) 42040

HIGH COURT OF KERALA
A.M.BADAR, J
NARAYANAN THOTTIYIL – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI. A.S. DILEEP, SRI. P. BINOD, SMT. SUSEELA DILEEP, SRI. SUDEEP ARAVIND PANICKER

JUDGMENT

Heard both sides.

2. The learned counsel for the petitioner submits that, though the loan was ostensibly taken for the purpose of business, the real purpose of taking that loan was Liver and Kidney transplant operation to nephew of the petitioner. The learned counsel for the petitioner submits that, the petitioner wants to clear the entire overdue amount in the loan account by suitable installments apart from regular payment of installments of the principal amount/interest.

3. The learned counsel for the 2nd respondent submits that, it was the business loan and it was declared as non performing asset on 28.07.2019. The learned counsel for the 2nd respondent submits that suitable installments may be granted to clear the overdue amount of loan along with default clause.

4. The petitioner has produced on record several documents of medical treatment of his nephew reflecting Liver and Kidney transplant. My attention was drawn to the certificate given by the Department of the GI Surgery of Amrita Institute of Medical Sciences and Research Centre in Ext.P3, mentioning the fact that, nephew of the petitioner is advised to undergo Combine Kidney and Liver transplantation for which he

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